7 Jun 1973
LINCOLN INTERNATIONAL LTD v. SEYMOUR FELDSTEIN
- Citation
- LINCOLN INTERNATIONAL LTD v. SEYMOUR FELDSTEIN
- Court
- Court of First Instance
- Case number
- HCA1324/1973
The court held (in substance) that Hong Kong's Order 44A rr.1-4 is the operative domestic regime for arrest-before-judgment and security for appearance; English Debtors Act 1869 s.6 does not govern Hong Kong by implication and Megarry J.'s approach in Felton v. Callis is of limited relevance; obligations on the facts (promissory notes signed as guarantor) are contractual/legal rather than equitable which affects availability and exercise of equitable ne exeat relief; the parties resolved the dispute by consent order so no contested final determination on all legal points was necessary.